Lynch v. United States of America

Filing 10

ORDER re Motion for Return of Property Signed by Judge Joseph C. Spero on May 12, 2010. (jcslc2, COURT STAFF) (Filed on 5/12/2010)

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1 2 3 4 5 6 7 8 9 10 v. UNITED STATES OF AMERICA, Defendant(s). ___________________________________/ The above captioned matter was referred to the undersigned for a report and recommendation on Plaintiff's Motion for Return of Property. See Docket No. 3. In the United States' "Nonopposition to Plaintiff's Motion for Return of Property," the United States does not contest Plaintiff's claim that the property is subject to return due to the fact that the United States has not filed a civil forfeiture complaint. In its conclusion, however, the United States requests (without citation to authority) that "the seized assets be returned to the Santa Cruz Superior Court to address the outstanding restitution order against Thomas Lynch in Case no. F17966." United States' NonOpposition at 3. The Court hereby ORDERS the United States to submit authority for the proposition that this Court has jurisdiction to return property held by the federal government to the Superior Court for the satisfaction of a state restitution order. The United States shall file its legal authority on or before Monday, May 17, 2010, and the Plaintiff shall file a response on or before Wednesday, May 19, 2010 at 4:00 p.m. IT IS SO ORDERED. Dated: May 12, 2010 __________________________ JOSEPH C. SPERO United States Magistrate Judge THOMAS LYNCH, Plaintiff(s), No. C10-80039 JSW MISC (JCS) ORDER RE PLAINTIFF'S MOTION FOR RETURN OF PROPERTY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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